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Declaration of wage garnishment sent to my employer

Date: Wed, 07/18/2007 - 08:01

Submitted by KATELYN2COOL
on Wed, 07/18/2007 - 08:01

Posts: 168 Credits: [Donate]

Total Replies: 17

Declaration of wage garnishment sent to my employer


i ran into a financial situation and had to ask for lots of payday loans and then i had to close my bank account because i coul'nt continue paying them. Now one of the companies sent a declaration of wage garnishment to my employer and they are garnishing my wages. Is this legal for them to do without a court judgment in the state of florida?


Katelyn, welcome. Like we said in chat, this wage assignment is voluntary and you need to revoke it. Please post what Ang said and we will be able to help you out! You have taken 2 very important steps already: closing your bank account, and coming to this forum :) There is a wealth of knowledge and experience here and we are all here for you.


lrhall41

Submitted by Sassnlucy on Wed, 07/18/2007 - 09:23

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Florida is a NON GARNISHMENT state. Your HR department had no business honoring that. You need to revoke that wage assignment to the PDL with a certified letter and show it to your HR. It is voluntary. You HR person sounds inept and should be working for a PDL. You cannot garnish wages in Florida from a head of household unless the person agrees to it. It has to be done through the court for no more than 25% and is still voluntary. In other words you can't garnish wages in Florida.I would go to whoever is above that idiot and report this now! I live in Florida by the way and I am shocked by this person not knowing the law.


lrhall41

Submitted by Frogpatch on Wed, 07/18/2007 - 10:57

( Posts: 5381 | Credits: )


Please list all your PDLs and how much you have paid them against how much you borrowed. We will help you through this. File complaints at www.fldfs.com and copy the CFO Ms. Alex Sink. I have sent her a letter imploring her to take an aggressive stance aginst these predatory lenders. We have great laws here backed by a recent court decision but the enforcement seems to be marginal at best right now. I think that is about to change.


lrhall41

Submitted by Frogpatch on Wed, 07/18/2007 - 11:02

( Posts: 5381 | Credits: )


redwolf_lady -

you need to review all the information you have on your PDL's - make sure there are no wage assignment agreements on any of the contracts (if you have contracts).

If you want to start paying off those PDL's - and this only applies to internet PDL's, not storefronts - you need to immediately send them a letter, revoking their ACH authorization on your bank account and revoking any wage assignment clause in their contract, and contact your bank to find the best way to block their access to your account. Once you have accomplished this, you can begin repaying the internet PDL's based on repaying the principal amount plus your state allowed interest.

Regarding storefront lenders, you need to be more careful with them. The majority of them operate within the laws of your state, and will usually work out payment arrangements with you if you ask - but they usually make you wait until you have defaulted with them before making arrangements.

If you will take a few moments and list out your PDL's here, tell us how much your original loan was and how much you've paid, and whether they are storefront or internet loans, we can offer you some solid advice on how to proceed.


lrhall41

Submitted by SUEBEEHONEY70 on Thu, 07/19/2007 - 04:55

( Posts: 4583 | Credits: )


Hi, I live in NC, but my payroll is in Ohio. I called them and they said they had to honor any wage garnishment even if it doesn't go through the court. How can I get them not to do that?? I don't have contact information for any of my pdls and have no contracts. Any help would be greatly appreciated. I have pdls through:

united cash loans
oneclickcash
webpayday
gfsil
integrated financial
lazer lending
access processing
cmg group

I know theyre illegal in NC, but not sure what to do about the Ohio thing.


lrhall41

Submitted by anonymous on Fri, 07/27/2007 - 20:05

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They are just plain wrong. A garnishment has to go through the courts a wage assignment is voluntary on your part and can be revoked by you at any time. Even if you do not revoke it you payroll is not required to honor it. Imagine if any time I asked a company for someones pay I would get it with no questions asked! It is scary what idiots are put in charge of peoples pay. Send a certified letter to your payroll supervisor and state the law to him and tell him you will have no problem seeking legal action if this is carried out. How would the PDL know where your check is generated anyway? They will contact the info you gave them as your place of employment.


lrhall41

Submitted by Frogpatch on Sat, 07/28/2007 - 12:17

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